Leroy Walker Jr. was working as a flagman for Curran Contracting on May 1, 2008. He was directing traffic on Route 173 near Lorelei Drive in Zion, Ill. Walker was standing in front of a construction site where a new Super Wal-Mart store was being built.
The defendant, Steven Kruglar, was driving westbound on Route 173 when Walker stopped traffic to allow construction vehicles to enter and exit the driveway to the construction site.
Walker alleged in his lawsuit that Kruglar accelerated without being given permission to proceed and attempted to go around a semi-truck turning into the entrance. At that time, Kruglar’s vehicle struck Walker’s right wrist and arm.
Walker, age 54, sustained a torn right rotator cuff, a right lunotriquetral tear (in the wrist), and a right triangular fibrocartilage complex tear, which required surgery to repair both the shoulder and the wrist. Walker claimed $261,000 in medical expenses and $206,000 in lost time from work. He is now retired.
Kruglar argued that he lifted his foot off the brake pedal after Walker walked off the runway. At that time, Walker approached Kruglar and physically punched his vehicle. Kruglar said he continued to move forward without stopping because he was in fear of being assaulted by Walker.
Kruglar also denied that a semi-truck was present at the scene. The defense disputed Walker’s wage loss claim and argued that Walker continued to work for seven months with overtime after the occurrence before being laid off seasonally.
The defendant also pointed to Walker’s participation in several bowling leagues each week. The defendant’s expert gave opinion testimony at trial that the only injury that Walker suffered in the accident was a wrist contusion and any other injuries or conditions that Walker claimed were either pre-existing or not related to this incident.
The jury’s verdict after reduction of 10% from $527,144 for Walker’s contributory negligence was $474,429 made up of the following damages:
- $179,679 for medical expenses;
- $180,000 for pain and suffering;
- $114,750 for lost wages; and
- $0 for loss of normal life.
Before trial, the offer to settle the case was $100,000. The demand to settle the case before trial was $1,100,000. Plaintiff’s counsel, Lawrence Maya, asked the jury to return a verdict of $2 million.
Leroy Walker, Jr. v. Steven Kruglar, 10 L 1099 (Lake County, Ill.).
Kreisman Law Offices has been successfully handling construction site motorist injuries, car accidents and truck accidents for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Arlington Heights, Barrington Hills, Berwyn, Blue Island, Lincolnwood, Melrose Park, Norridge, Olympia Fields, Park Forest, Palos Heights, Stone Park, Westchester, Sauk Village, River Grove and Lemont, Ill.
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